Purchasing property without thoroughly verifying its legal status can lead to assuming someone else’s debts, being unable to build on the plot, or facing third-party claims.

Legal analysis (due diligence) helps identify encumbrances such as mortgages, unrevealed easements, life estate rights, heirs’ claims, or unfavorable provisions in the Local Spatial Development Plan before you invest your savings. It is important to note that a certain category of property encumbrances binds the buyer even if they are not disclosed in the land and mortgage register.

An advance payment (zaliczka) is refundable if the transaction does not occur, regardless of the reason.

A down payment (zadatek) serves a protective and disciplinary function: if the seller or buyer withdraws from the contract through their own fault, the seller forfeits the down payment, or the buyer must return double its amount.

An attorney helps draft the preliminary agreement to protect invested funds (e.g., in case a mortgage loan is denied). If you are already bound by such an agreement, an attorney can help you terminate it at the lowest possible cost.

Developer agreements can be extensive and packed with complex provisions. Pay particular attention to clauses regarding contractual penalties for delays in completion, technical handover and defect notification procedures, price adjustment rules (e.g., due to inflation or post-construction area measurements), and the management of escrow account funds.

Having an attorney review the agreement helps eliminate prohibited (unfair) terms.

Yes, provided the transaction is properly secured in the sales agreement.

The key is obtaining an up-to-date certificate (promissory letter) from the mortgage creditor (e.g., bank, ZUS, Tax Office) specifying the exact debt balance, the account number for repayment, and the bank’s commitment to release the mortgage upon receipt of the funds. Transaction funds then go directly to the bank to pay off the debt, with any surplus going to the seller.

It is vital that this certificate is properly drafted on the correct official form. We have handled cases where issued promissory letters were erroneous and failed to protect the buyer. As experienced lawyers, we help review documentation and properly draft the agreement.

Discovering defects after receiving the keys is extremely stressful, but the law protects buyers through statutory warranty (rękojmia). If the seller concealed an issue (even in the secondary market), you have the right to demand repair at their expense, a purchase price reduction proportional to the loss in value, or, for material defects, full withdrawal from the contract and a refund.

Legal assistance is crucial to document the property’s condition, draft a formal demand, and prevent claims from becoming time-barred.

Discrepancies between the legal status disclosed in the land and mortgage register and the actual legal status present a major issue. Under the Land and Mortgage Registers and Mortgage Act, there is a legal presumption that the status disclosed in the register is accurate. Anyone entering into a legal transaction based on a register entry is protected by the public reliance on land and mortgage registers.

When the legal status differs from what is registered, these entries must be corrected as quickly as possible through court proceedings to reconcile the content of the register with the actual legal status. This requires gathering evidence and building a litigation strategy.